Lenin Xavier Gomes., v. Maria Melicia Fernandes And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION (MAIN) NO. 47 OF 2019 LENIN XAVIER GOMES., ... Appellant

Versus

MARIA MELICIA FERNANDES AND 2 ORS., ... Respondents Mr. Vijay A. Palekar, Advocate for the Applicant. Respondent No. 1 in person.

Mr. Deep D. Shirodkar, Additional Government Advocate for the Respondent Nos. 2 and 3.

Coram:- C. V. BHADANG, J.

Date:- 25th April 2019 P.C.

This is an application for confirmation of a decree of divorce dated 22.02.2018, passed by the Family Court at Ruesselsheim (Germany). That was an application for dissolution of marriage, jointly filed by the applicant and the respondent no. 1, on the ground that they are staying separate and there is complete abandonment of the conjugal domicile for a period of more than three years.

2. Article 4(5) of the Law of Divorce, as is applicable in Goa, provides that complete abandonment of the conjugal domicile for a period of not less than three years, is a ground for granting divorce.

MCAM/47/2019

3. The respondent no. 1, who appears in person, has no objection for grant of the application.

4. In such circumstances and by consent of the applicant and the respondent no. 1, the application is allowed in terms of prayer clause 18(a) and (b).

C. V. BHADANG, J.

EV